Term
CRIMINAL INTENT
also known as MENS REA
also known as culpable mental state |
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the requisite state of mind the accused must be found to be found guilty of a crime.
"mens rea" means evil intent.
called culpable mental state under the Model Penal Code. |
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| "evil intent" - the possession of the requisite state of mind to commit a prohibited act. |
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| The Model Penal Code has four levels of culpable mental state, a/k/a criminal intent, a/k/a "mens rea" |
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1. Purposeful (or intentional)
2. Knowingly
3. Recklessly
4. With criminal negligence |
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| Specific criminal intent is found where the accused purposefully, intentionally, or with knowledge commits a prohibited act. |
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| General Criminal Intent is found where there is a showing of recklessness or a lesser degree of mental culpability. |
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a crime that imposes criminal liability without a finding of "mens rea" (intent)
i.e. : involuntary manslaughter |
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| Arrest, indictment (or information), arraignment, and possible plea bargaining are all parts of: |
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| pretrial procedures for initiating and maintaining a criminal action |
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| the substantial likelihood that the person either committed or is about to commit a crime |
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| A document for a person's detainment based upon a showing of probable cause that the person committed the crime |
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| The charge of having committed a crime (usually a felony), based on the judgment of a Grand Jury (or warrant officer) |
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A hearing during which the accused is brought before a court and is
1) informed of the charges against him
and
2) asked to enter a plea.
Per class lecture, the plea is always "not guilty" by the Defendant, unless there are special circumstances. |
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Where the accused enters into an agreement with the charging governmental body - usually the Defendant will plead guilty to a lesser charge - this is done to save costs, avoid the risk of being found guilty at trial.
In the Federal system, more than 90% plead guilty [to plea bargain] than go to trial. |
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This Flash Card is more a topic discussion. The criminal trial and the civil action trial have many similarities.
Jury acts as the trier of fact
Bench trial - judge acts as trier of fact.
See p. 696 from handout. |
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Is is the evidence favorable to the DEFENDANT in a CRIMINAL TRIAL, which clears or tends to clear the defendant of GUILT.
Exculpatory evidence is part of the pretrial discovery of a criminal matter. |
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We all know Sarge's response.
But, it is really a jury that cannot come to a unanimous decision about the defendant's guilt. |
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| In a CRIMINAL trial, the Defendant can only be found guilty of the crime charged if all the jurors agree UNANIMOUSLY that the Defendant is guilty as charged. Even if one juror disagrees (has a reasonable doubt), the Defendant is not guilty of the crime charged.... |
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Definition
After trial, the following rules apply:
1) If the Defendant is found GUILTY, he may APPEAL.
2) If the Defendant is found INNOCENT, the Government CANNOT appeal.
3) If the jury cannot come to a unanimous decision about the defendant's guilt, the jury is considered a hung jury. The government may choose to retry the case before a new judge and jury. |
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Crimes committed by the unlawful use of another person's credit card. Many states have enacted statutes that make the misappropriation and use a separate crime.
In other states, credit card crimes are prosecuted under the forgery statute. |
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| Many states have enacted "bad check legislation" which makes it a crime for a person to make, draw, or deliver a check at a time when that person knows that funds in the account are insufficient to cover the amount of the check. |
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| Crimes usually involving cunning and deceit rather than physical force. |
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Embezzlement is a white collar crime which is the fraudulent conversion of property by a person to whom that property was entrusted.
KEY ELEMENTS the stolen property was ENTRUSTED to the embezzler (different than robbery, burglary and larceny - in which property is taken by someone NOT entrusted with the property). |
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| Criminal Fraud is a white collar crime (also known as "false pretenses" or "deceit") where title to property is obtained through deception or trickery. |
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| Federal law prohibits the use of mails or wires (i.e. telegraph or telephone) to defraud another person. |
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| The taking of someone else's identity for various purposes, mostly financial in nature. |
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| Identity Theft and Assumption Deterrence Act of 1998. |
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Act passed by Congress in 1998 to combat identity fraud. This act criminalizes identity fraud, making it a federal felony punishable with prison sentences ranging from 3 to 25 years.
The Act also appointed a federal administrative agency, the Federal Trade Commission (FTC) to help victims restore their credit, etc. |
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